(e) A written declination of a party designation must be filed in the
office of the village clerk within three days of the date of the filing
of the designating petition. Upon the filing of such declination, the
village clerk shall, within one day notify the committee to fill
vacancies named in the petition. A certificate to fill the vacancy
caused by a declination or any other reason must be filed with the
village clerk within three days after the date of the notice to the
committee to fill vacancies and shall have appended thereto the written
consent of the person or persons designated.
8. a. An independent nominating petition for an office to be filled at
the time of a general or special village election shall be filed not
earlier than forty-two days nor later than thirty-five days preceding
the election.
b. A certificate of acceptance or declination of an independent
nomination for an office to be filled at the time of a general or
special village election shall be filed not later than three days after
the last day to file the petition which made such independent
nomination.
c. A certificate to fill a vacancy caused by a declination of an
independent nomination for an office to be filled at the time of a
general or special village election for offices shall be filed not later
than three days after the last day to file the certificate of
declination, and shall have appended thereto the written consent of the
person or persons nominated.
9. Any village resident who is a registered voter of the village and,
in the case of a designating petition, an enrolled member of the party
filing the petition, may sign an independent nominating petition or a
designating petition providing that: (a) such signature was not made
more than six weeks prior to the last day to file such petition; (b) he
has not signed more than one petition designating or nominating a
candidate for mayor or village justice. If he has signed more than one
such petition, only the earliest signature for each such office shall be
valid; (c) he has not signed more than one petition designating or
nominating a candidate for each vacancy which exists for the office of
village trustee or village justice if the village has provided for two
such justices. If he has signed more than one such petition for each
such vacancy, only the earlier signatures shall be valid; or (d) he does
not vote at a primary election or party caucus where a candidate was
nominated for the same office or each such vacancy.
10. A written objection to an independent nominating petition,
designating petition or certificate of nomination shall be filed in the
office of the village clerk no later than one day following the last
date upon which such petition or certificate may be filed or within one
day after such petition or certificate is received by the village clerk,
if such petition or certificate is mailed as provided by law, whichever
is later. Written specifications of the grounds of the objections shall
be filed with the village clerk within two days after the filing of the
written objection. A failure to file such written specifications shall
render the original objection null and void. Upon receipt of such
written specification, the village clerk shall forthwith notify each
candidate named in the petition or certificate and shall notify the
county board of elections of the county in which the village is located.
For purposes of this section, a village shall be deemed to be located
within a county if more than fifty percent of the population of the
village as shown by the last federal decennial or special census resides
in that portion of the village located in that county. Upon receipt of
the written specifications as herein required, the county board of
elections shall immediately take all steps necessary and consistent with
this chapter to render a determination on the questions raised in such
objections and specifications. When a determination has been made by the
county board of elections that the petition is sufficient or
insufficient, it shall immediately notify the village clerk and each
candidate named in the petition or certificate, and, if such
determination was made on objection, the objector.
Structure New York Laws
Article 15 - Village Elections
15-100 - Application of Article.
15-104 - General Village Election.
15-106 - Special Village Elections for Officers.
15-108 - Designation and Nomination of Candidates.
15-112 - Registers and Poll-Books; How Used.
15-114 - Number of Voting Machines.
15-116 - Inspectors of Election.
15-118 - Registration of Voters.
15-120 - Absentee Voting at Village Elections.
15-124 - Duties of Village Clerk.
15-128 - Notice to Person Chosen to a Village Office.
15-130 - Election of Trustees by Wards.
15-132 - Votes Upon Propositions to Be by Ballot or Voting Machine.
15-134 - Failure to Designate Terms.
15-136 - Refusal of Officer to Surrender His Office.
15-138 - Judicial Review of Matters Relating to Village Elections.